175Fit and proper persons

#### 175 Fit and proper persons (1) This section applies for the purposes of determining whether a person is a fit and proper person for the purposes of this Act. > Note: The reference to this Act includes a reference to instruments made under this Act (see the definition of this Act in section 10). (2) In determining whether the person is a fit and proper person for the purposes of a provision of this Act, the Minister must have regard to the following matters: (a) whether the person is financially viable; (b) whether the person has been convicted of an offence against, or ordered to pay a pecuniary penalty under, any of the following: (i) this Act; (ii) the Biosecurity Act 2015; (iii) the Carbon Credits (Carbon Farming Initiative) Act 2011; (iv) the Environment Protection and Biodiversity Conservation Act 1999; (v) the Export Control Act 2020; (vi) the Hazardous Waste (Regulation of Exports and Imports) Act 1989; (vii) the National Greenhouse and Energy Reporting Act 2007; (viii) the repealed Product Stewardship Act 2011; (ix) the Product Stewardship (Oil) Act 2000; (x) another Act prescribed by the rules; (xi) the Criminal Code or the Crimes Act 1914, to the extent that it relates to an Act referred to in another subparagraph of this paragraph; (c) the person’s history of compliance with this Act; (d) if the person has been an administrator of a co‑regulatory arrangement—whether the Minister did not approve, or cancelled the approval of, the co‑regulatory arrangement because the Minister was satisfied that the administrator was not a fit and proper person; (e) if the person has made an application for an export licence or an application for renewal of an export licence—whether the application was refused; (f) whether the person: (i) has made a false or misleading statement in an application under this Act; or (ii) gave false or misleading information or documents to a person performing functions or exercising powers under this Act; (g) the history of the person in relation to environmental matters; (h) whether a debt is due and payable by the person to the Commonwealth under any Act referred to in paragraph (b); (i) any other matter prescribed by the rules in relation to the provision. (3) In determining whether the person is a fit and proper person, the Minister may also have regard to the following matters: (a) whether, under a law of a State or Territory, the person has been given a notice (however described) that: (i) relates to an environmental matter; and (ii) requires the person to take, or not to take, specified action to remedy non‑compliance, or suspected non‑compliance, with the law; (b) the matters mentioned in subsection (2) as they apply to an associate of the person; (c) whether the person, or an associate of the person, has been convicted of an offence against, or ordered to pay a pecuniary penalty under, an Australian law (other than an Act referred to in paragraph (2)(b)); (d) whether a debt is due and payable by the person, or an associate of the person: (i) to the Commonwealth under any Act (other than one referred to in paragraph (2)(b)); or (ii) to a State or Territory, under a law of the State or Territory. (e) any other relevant matter. (4) Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914. > Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.